Escape Valves

Question 1

Explain the Substance/Procedure Dichotomy

Answer 1

Forum law governs questions of procedure. Thus, a court can escape the application of a foriegn state’s law by characterizing the legal issue as PROCEDURAL

Question 2

Rules that concern THIS are generally procedural.

Answer 2

Conduct of litigation.

Question 3

Rules that govern THIS are generally substantive

Answer 3

Out-of-court conduct

Question 4

Substance and procedure are only one set of labels for manipulating the result in particular cases. Other legal categories may also provide courts with opportunities to use labels to affect a case’s outcome.

For example, a dispute over a k for the sale of land may be governed by one set of laws if characterized as a _____ dispute and another if characterized as a ______ dispute.

Answer 4

Property

Contract

Question 5

The examiners have show a preference for characterizing disputes involving property and other issues as . . .

Answer 5

Property disputes ONLY

Question 6

In PA, when faced with competing SOLs, what do courts do?

Answer 6

Apply the shorter of the two.

Question 7

Can a court refuse to violate an otherwise valid foreign law if it is contrary to a strong public policy of the forum?

What does the RS2 say?

Answer 7

Yes

RS2 says OK to do so IF the court carefully considers the decision.

Question 8

What does domicile require of individuals? (2)

Answer 8

Physical presence; and

Intent to remain/be domiciled

Question 9

Corporations are domiciled where?

Answer 9

State of inc.